WELLS FARGO BANK, N.A. v. SPANO

LAW AND MOTION CALENDAR JUNE 26, 2026

8. WELLS FARGO BANK, N.A. v. SPANO, 25CV2319

Motion to Deem Matters Admitted

On April 24, 2026, plaintiff Wells Fargo Bank, N.A. (“plaintiff”) filed is motion to

deem matters admitted. Proof of service, also filed April 24, 2026, shows the motion

was served upon defendant Nicholas Spano (“defendant”) via mail on April 22, 2026.

Defendant filed no opposition to the motion.

A party served with requests for admissions must serve a response within 30 days.

(Code Civ. Proc., § 2033.250.) Failure to serve a response entitles the requesting party,

on motion, to obtain an order that the genuineness of all documents and the truth of all

matters specified in the requests for admission be deemed admitted. (Code Civ. Proc.,

§ 2033.280, subd. (b).) When such a motion is made, the court must grant the motion

and deem the requests admitted unless it finds that prior to the hearing, the party to

whom the requests for admission were directed has served a proposed response that is

in substantial compliance with the provisions governing responses. (Code Civ. Proc.,

§ 2033.280, subd. (c); St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776, 778;

see also Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395–

396 [“two strikes and you’re out”].)

In this case, plaintiff served its Request for Admissions (Set One) upon defendant via

mail on January 27, 2026. (Lopez Decl., ¶ 2 & Ex. 1.) Accordingly, defendant’s deadline

to serve his response was March 3, 2026 (30 calendar days, extended by five days for

mail service within the state of California). (Code Civ. Proc., §§ 1013, subd. (a),

2033.250, subd. (a).) As of April 22, 2026 (the date of counsel’s declaration), defendant

had served no response to the Request for Admissions. (Lopez Decl., ¶ 5.)

The court grants plaintiff’s motion to deem matters admitted.

TENTATIVE RULING # 8: PLAINTIFF’S MOTION TO DEEM MATTERS ADMITTED IS

GRANTED. THE TRUTH OF ALL MATTERS SPECIFIED IN PLAINTIFF’S REQUEST FOR

LAW AND MOTION CALENDAR JUNE 26, 2026

ADMISSION (SET ONE) ARE DEEMED ADMITTED. NO HEARING ON THIS MATTER WILL

BE HELD (LEWIS v. SUPERIOR COURT (1999) 19 CAL.4TH 1232, 1247), UNLESS A NOTICE

OF INTENT TO APPEAR AND REQUEST FOR ORAL ARGUMENT IS TRANSMITTED

ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE TO THE

CCOURT AT (530) 573-3042 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS

ISSUED. NOTICE TO ALL PARTIES OF AN INTENT TO APPEAR MUST BE MADE BY

TELEPHONE OR IN PERSON. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR

TO OR AT THE HEARING.